Legal Theories and Rules Quiz

Normative constructs that regulate actions, establishing expectations and guidelines for behavior.

Rules that regulate actions that exist independently of the rules themselves. They limit existing freedoms.

Rules that CREATE the behaviors or conducts they then regulate. They define the very existence of the action.

An example of regulative rules, regulating pre-existing actions like driving.

An example of constitutive rules, defining the game's actions and structure.

Documents containing BOTH regulative and constitutive rules, governing societal structures and limitations.

A borderline case between regulative and constitutive rules, combining both aspects.

Examples of constitutive rules, creating the conditions for freedom and participation.

Law as it is, describing reality without judgment. Like Newton's laws, it describes how things work without saying how they should be.

Law as it should be, prescribing how reality ought to be. It sets standards and expectations.

The effectiveness of a law in regulating political and social life. A law that is habitually ignored is considered defective.

A normative order that allows social life and politics to exist. It's a system of rules that creates rights and obligations for individuals and groups within a community.

The process of deciding which goals to prioritize for a society, since it can't achieve everything at once.

A system of rules that allows the community to express its will and regulate interactions between members.

A basic view of politics where a problem is identified, solutions are discussed, a decision is made, and implemented, ultimately with the goal of fulfilling the community's needs.

Even though they maintained elections, the Nazi regime manipulated election laws to control the outcome, demonstrating how law can be subverted for political gain.

Reasoning used to justify public policies and laws, based on shared political values that everyone can reasonably accept.

Reasoning used within specific groups, like churches or universities, based on their own doctrines or ideologies.

A religious citizen might oppose abortion based on faith, but in public debate, they should argue for abortion laws based on shared values like fairness or equality.

A church using theological reasoning to settle moral issues, but only within their community, not trying to impose it on everyone.

Judges must justify their rulings based on the Constitution, not personal or religious beliefs.

Legislators should justify public policies using shared values, not just personal ideologies.

Citizens voting on constitutional matters should base their decisions on public values, not just personal interests.

Citizens should be prepared to justify their political views with public reasons others can understand.

Working together towards shared goals, where everyone benefits from their efforts.

1. Guided by Rules: Voluntary, with clear guidelines.
2. Fair Terms of Cooperation: Reciprocity, everyone agrees to the rules.
3. Participants' Rational Advantage: Cooperation benefits everyone's goals.

A way of understanding what makes a person, their moral capabilities, and how they interact in society.

Views a person as a free, equal, rational agent, able to participate in society based on shared values.

1. Sense of Justice: Ability to understand and act according to principles of fairness.
2. Conception of the Good: Ability to form personal goals and pursue a fulfilling life.

Political: Focuses on rights, duties, and public persona. Comprehensive: Includes religious or spiritual beliefs, personal values.

Personal values, goals, and beliefs that shape someone's life choices.

Goals pursued for their own sake, not for any other reason.

Hart argues that Austin's command theory of law is flawed because not all rules are commands. He points out that many legal rules, especially in civil law and private law, don't impose obligations or sanctions.

Austin's theory argues that laws are commands backed by sanctions. He states that we obey the law due to a habit of past obedience, but this doesn't explain how a new ruler gains authority.

These are the rules that directly regulate people's behavior. They are like the 'rules of the game' that tell us what we can and can't do.

Secondary rules are rules that regulate other rules. They provide the framework for creating, changing, and enforcing primary rules.

These secondary rules allow us to change the primary rules. They give authorities (like legislatures) the power to create new laws or modify existing ones.

These secondary rules establish the process for resolving disputes and enforcing the law. They determine how courts operate and make decisions.

This secondary rule identifies which rules are valid and binding in a legal system. It's the most fundamental rule, providing the basis for the entire legal system.

This philosophical view of law argues that law is based on natural reason and morality. It emphasizes that law is about attaining justice and protecting natural rights.

A constitution that seeks to prevent a return to a previous, undesirable political system by embodying an entirely different approach. It's seen as a symbolic rejection of the past, meant to act as a safeguard against its recurrence.

The view that laws are valid not because of inherent morality or reason, but because they are positively established by a political body, like the people's will, even if they don't reflect justice.

Amendments are seen as creating entirely new constitutions, invalidating the original one. This emphasizes the fundamental nature of a constitution and the permanence it aims for.

A hypothetical scenario where rational agents, lacking any personal information, design principles of justice for society. This ensures impartiality and promotes fairness by stripping away self-interest.

It ensures impartiality by forcing agents to consider everyone's needs equally, promoting fairness in society.

The Original Position acts as a kind of hypothetical 'state of nature,' but instead of focusing on individual survival, it focuses on the creation of just social principles.

The crucial element of the Original Position where agents have no knowledge of their own social status, preferences, or future outcomes. This forces them to choose principles that are fair for everyone, regardless of their own circumstances.

The Original Position ensures impartiality because agents lack personal information that could bias their choices. This means they are forced to consider the needs of everyone equally.